Should I accept tenant's offer of payment.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Should I accept tenant's offer of payment.

    My impossible to evict tenant has offered to pay £20 a month to clear the money claim for rent arrears. It would take him approx 6 years to clear the debt.

    A further claim for rent arrears will be made when we finally evict him. This will be for about 2.5 times the amount made on the moneyclaim so another 13 years to clear that one!

    I have resigned myself to never seeing any of the rent arrears ever again. I don't believe he will pay the £20 a week and I don't think he has anything of value in the property. He also has no job. Sounds like a bit of a catch really doesn't he!

    I have to let the court know tomorrow if I accept or decline the offer of payment. I actually just feel like ignoring the whole thing, however I would like some advice please.

    1. If I decline the offer of payment will it affect anything the judge might decide on the 3rd hearing for possession due on the 12th?

    2. If I accept will the judge see this as the tenant doing his best to try and resolve the situation and extend further sympathy?

    3. If I just ignore it will that go against me?

    4. Has anybody any first hand knowledge of this?

    Thanking you kindly.

    #2
    For the reasons you highlight you probably wont get your money back but as you have issued a money claim you will need follow this through. Accept the payment offer via the court (this still does not mean he will pay) but you could take enforcement proceeding against the tenant for up to 6 years after the debt became due. His circumstances may change during this time.

    Possession is now your priority. Why are you on your 3rd hearing?

    When claiming any rent due through the court it is best to wait until you have possession (s21 procedure) so you know the total amount you need to claim for (once you have offset the deposit amount... if anything left over after dilapidation) rather than issuing a money claim as now you will have two Judgments to try and enforce.

    As long as you have not included the rent due on this money claim on your claim for possession (assuming a S8 procedure)- it will not effect the hearing as the two claims are not connected

    Comment


      #3
      Thank you for the reply. I have done the subject of my rotten tenant on previous threads but I appreciate your advice.

      Mainly I wanted some advice about should I or should I not accept the offer and if there are any implications regarding this.

      Comment


        #4
        If you used the S.8 Ground 8 route then you could have asked the court to assess arrears which are ususally calculated to add a daily rate on what is already owed until the tenant vacates. Unfortunately you can't use the APP if you want arrears included with the possession order
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment

        Latest Activity

        Collapse

        • Reply to Lodgers left without notice
          by Stew
          Try and look at this with a positive angle, at least they have left the house allowing you to re-let it when you can. They are not sat in situ and refusing to pay rent which would be far worse.

          I was always told by another landlord there is no point chasing people that leave and don't pay...
          03-04-2020, 17:31 PM
        • Lodgers left without notice
          by hoolaholla
          I have 2 student lodgers, I am not at the property at the moment and their rent day recently passed and neither paid rent. When I enquired it transpires they have both vacated the property and are refusing to pay any further rent, their tenancy does not officially end until July. I have a 1 month deposit...
          03-04-2020, 16:52 PM
        • Reply to Lodgers left without notice
          by hoolaholla
          That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion....
          03-04-2020, 17:29 PM
        • Reply to Lodgers left without notice
          by hamilton
          It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.
          03-04-2020, 17:24 PM
        • Reply to Lodgers left without notice
          by hoolaholla
          I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
          EDIT: This was in reply to Hamilton who deleted his reply....
          03-04-2020, 17:23 PM
        • Reply to Lodgers left without notice
          by hoolaholla
          I was living there, but I have returned to the family home due to coronavirus. The house is now unoccupied, its alright for them to deny their responsibilities but I have a mortgage and without such a luxury. It is so unfair.
          03-04-2020, 17:12 PM
        • Reply to COVID-19: Court hearing section 8 vacated
          by Stew
          Given that not much can be done court wise re eviction this tenant's issues clearly had nothing to do with Covid could the landlord at least raise a money claims via the online service?

          Assuming that the tenant does not have a valid concern with you as a landlord and the eviction would...
          03-04-2020, 17:10 PM
        • COVID-19: Court hearing section 8 vacated
          by syrbag
          A court hearing planned for 23 March for rent arrears vacated, tenant 5 months without paying rent, rent paid 2 months in advance. tenant not picking calls and not taking advantage of the COVID-19 situation. anyone in a similar situation and what is the best way to proceed?


          'This...
          03-04-2020, 10:56 AM
        • Reply to Lodgers left without notice
          by jpkeates
          I don't know if you have a legally binding agreement or not.

          If they signed a contract saying they would stay there for a period, they may be in breach of that contract.
          However, you would be entitled to compensation for any loss, which seems to be nil, it's very unlikely that the...
          03-04-2020, 17:09 PM
        • Reply to Lodgers left without notice
          by hoolaholla
          But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no?
          03-04-2020, 17:03 PM
        Working...
        X